JUDGMENT Sureshwar Thakur, J. (Oral) Through the instant petition, the petitioners challenge Annexure P-1, which has been drawn by the Tehsildar, Punhana, on 20.8.2022. 2. The speakings made thereins are about a gair mumkin mosque existing on khasra No. 57/26, and, that in front of the said mosque, on khasra No. 382, an area measuring 2 kanals being vacant. Moreover, speakings are carried thereins, that on the west side of the mosque, a gair mumkin path exists and leads to the said mosque. In addition, there are also speakings thereins, that there is no drainage of water in front of the mosque, and, which results in the entry but during rainy season, rather being barred into the said mosque. Therefore, the author of Annexure P-1 has made a report to the Sub Divisional Magistrate, Punhana for further necessary action being drawn. 3. It appears that the learned Executive Magistrate concerned, may on the said annexure, contemplate to draw proceedings under section 133 of the Cr.P.C. Therefore, it may not be legally sagacious for this Court, to restrain the learned Executive Magistrate concerned, from not embarking upon the statutory proceedings, as may become embarked, upon him under section 133 of the Cr.P.C., 1973 4. In consequence, at this stage, this Court does not deem it fit, and, appropriate to interfere with the further progresses but on the basis of Annexure P-1, rather to be made by the learned Sub Divisional Magistrate concerned. 5. The learned counsel for the petitioners yet argues, that the houses, if any, which have been raised on the disputed land (supra) cannot yet be ordered to be demolished, except in accordance with law. 6. However, yet CRM-M-43105-2021, as became instituted before this Court, rather in respect of above, does also appear to cover the disputed land. This Court had thereins, on 9.11.2021, rather made the hereinafter extracted directions on the respondents concerned. "Reply filed by the State is taken on record. Learned State counsel submits that lis in the petition does not survives because encroachments have been removed by the administration. Despite that, learned counsel for the petitioner submits that as per instructions received by him, the encroachments are still not removed. Given above, the respondents are directed to remove all the encroachments within a period of two weeks from today, if not already removed.
Despite that, learned counsel for the petitioner submits that as per instructions received by him, the encroachments are still not removed. Given above, the respondents are directed to remove all the encroachments within a period of two weeks from today, if not already removed. Given above, learned counsel for the petitioner wants to withdraw the present petition with liberty to file a fresh, in case of any dissatisfaction. Dismissed as withdrawn with aforesaid liberty " 7. Moreover, through a decision made on 1.3.2023, upon CRM-M- 10481-2023, this Court had made the hereinafter directions, upon, the respondents concerned. "The present petition has been filed seeking issuance of necessary directions to respondents No. 2 and 3 to comply with the order dated 08.09.2021. Counsel for the petitioner submits that order dated 09.11.2021 passed by this Court, has still not been complied with. Given above, the present petition is disposed of with direction to comply with the order dated 09.11.2021 positively by 31.03.2023. It is clarified that in case, compliance is not done within the stipulated time period, the petitioner is at liberty to file Contempt application and departmental action shall also be taken against the erring officials. However, in case, the order could not be complied for the reasons beyond the control of the authorities, it is permissible for them to seek modification of order by filing necessary application in this regard." 8. It appears that the making of Annexure P-1, is in pursuance to the above made directions, thus the drawing of Annexure P-1 cannot be interfered with. However, if at all the petitioners are aggrieved from the said annexure, or from the directions (supra), thereupon it is open to them, to make a clarificatory motion, before the Court, which rendered the above orders. 9. Therefore, leaving the above liberty to the petitioners, the instant petition is disposed of.